New South Wales Consolidated Acts

CRIMES (SENTENCING PROCEDURE) ACT 1999 - SECT 17H

17H Curfew conditions under multiple orders

(1) This section applies where 2 or more curfew conditions apply under 2 or more relevant orders in respect of the same period of 24 hours (the
"period of 24 hours" ).

Note : Curfew conditions can be imposed on intensive correction orders and community correction orders, but cannot be imposed on conditional release orders.

(2) If all the relevant orders are intensive correction orders, this section does not affect the curfew conditions.

(3) If all the relevant orders are community correction orders, the following provisions apply--

(a) The offender cannot be required to observe a curfew in respect of more than 12 hours in the period of 24 hours. Any excess is to be disregarded.

(b) The offender is required in the period of 24 hours to observe only the curfew imposed by the 1 curfew condition that specifies more hours than the other or others.

(4) If at least 1 of the relevant orders is an intensive correction order and at least 1 is a community correction order, the following provisions apply--

(a) This section does not affect any curfew condition imposed on an intensive correction order.

(b) The offender cannot be required, as a result of the curfew conditions imposed on the relevant orders, to observe a curfew in respect of more than the greater of--

(i) the hours required by curfew conditions imposed on the intensive correction order or intensive correction orders in the period of 24 hours, or

(ii) 12 hours in the period of 24 hours.

Any excess is to be disregarded.

(c) In determining the number of hours under 2 or more curfew conditions imposed on 2 or more community correction orders, regard is to be had only to the 1 curfew condition that specifies more hours than the other or others.

(5) The regulations under the Crimes (Administration of Sentences) Act 1999 may make provision for or with respect to the manner of determining numbers of hours for the purposes of this section and any excess to be disregarded under this section.